손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The Plaintiff is an owner of the 374m2 and 1,088m2 (hereinafter “each of the instant real estate”) in Gyeongnam-gun, Namnam-gun, Chungcheongnam-do and the 374m2 and 1,08m2 (hereinafter “each of the instant real estate”).
Each real estate of this case is a grave arrangement map (No. 2) in attached Form No. 1.
[Reasons for Recognition] A without dispute, Gap evidence Nos. 1, 2, 3, 4, 7, 15 (including provisional numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 4, 6, 10, and 13, and the result of the on-site verification by this court, the result of the survey and appraisal conducted by this court, and the plaintiff's assertion that the whole purport of the pleadings is as follows: ① The deceased B occupied 7 graves without permission, such as the relocation of a grave on each of the instant real estate owned by the plaintiff, and damaged the plaintiff's soil in the course of installing and managing the said grave.
Therefore, the Defendant’s litigant, the heir of the deceased B, is obligated to remove the instant grave and pay KRW 16,126 and the Plaintiff’s 4,500,000 for the amount of compensation calculated as follows.
o G: 297 square meters x officially announced land price of 374 square meters x annual rate of 5% per square meter x 5,53 (a) x 57 square meters x 3,710 won per square meter x annual rate of standard for calculating ordinary rental fees x 5% per annum x 10,573 (b) x 16,126 won x 26 won x The defendant litigant is obligated to pay the plaintiff, and C is obligated to pay the following money in accordance with each inheritance share of 2/9 of the remaining Defendants.
The right to grave base is not established on the ground that the remaining Defendants 2/91,003,583 of the instant graves in the amount of damages calculated by calculating the Defendant’s inheritance shares of KRW 4,516,126, and KRW 3/91,505,375, and KRW 2/91,003,583, among the instant graves, are buried in the grave without
The high tide part I of the Defendant’s assertion B was killed in J from around 1825, and was his spouse on November 19, 1874 as the owner of the instant land.